3 December 1982

Status of the International Convention on the Suppression and Punishment of the Crime of Apartheid

The General Assembly,

Recalling its resolution 3068 (XXVIII) of 30 November 1973, by which it adopted and opened for signature and ratification the International Convention on the Suppression and Punishment of the Crime of Apartheid, and its subsequent resolutions on the status of the Convention,

Convinced that the Declaration and the Programme of Action adopted by the World Conference to Combat Racism and Racial Discrimination, as well as the programme of activities to be undertaken during the second half of the Decade for Action to Combat Racism and Racial Discrimination, adopted by the General Assembly in its resolution 34/24 of 15 November 1979, and their full implementation will contribute to the final eradication of apartheid and all other forms of racism and racial discrimination,

Reaffirming its conviction that apartheid constitutes a total negation of the purposes and principles of the Charter of the United Nations and is a gross violation of human rights and a crime against humanity, seriously threatening international peace and security,

Strongly condemning South Africa's continued policy of apartheid, repression and "bantustanization" and its continued illegal occupation of Namibia, thereby perpetuating on Namibian territory its odious policy of apartheid, racial discrimination and fragmentation,

Gravely concerned over the widespread torture and ill-treatment of political prisoners and trade unionists detained by the racist regime of South Africa, leading to the death in detention of many prisoners, including Neil Aggett, Tshifiwa Muofhe and Ernest Moabi Dipale,

Deeply concerned about South Africa's repeated acts of aggression against soverign African States, which constitute a manifest breach of international peace and security,

Condemning the continued collaboration of certain States and transnational corporations with the racist regime of South Africa in the political, economic, military and other fields as an encouragement to the intensification of its odious policy of apartheid,

Underlining that the strengthening of the existing mandatory arms embargo and the application of comprehensive mandatory economic sanctions under Chapter VII of the Charter of the United Nations are vital in order to compel the racist regime of South Africa to abandon its policy of apartheid,

Recalling its resolutions 36/172 A to P of 17 December 1981, in particular resolution 36/172 B in which it proclaimed the year 1982 International Year of Mobilization for Sanctions against South Africa,

Stressing the need to disseminate on a wider basis more information on the crime committed by the racist regime of South Africa, taking into consideration the recommendation contained in the documents adopted by the International Seminar on Publicity and the Role of Mass Media in the International Mobilization against Apartheid, held at Berlin, German Democratic Republic, from 31 August to 2 September 1981,

Firmly convinced that the legitimate struggle of the oppressed peoples in southern Africa against apartheid, racism and colonialism and for the effective implementation of their inalienable right to self-determination and independence demands more than ever all necessary support by the international community and, in particular, further action by the Security Council,

Commending the work of the Preparatory Sub-Committee for the Second World Conference to Combat Racism and Racial Discrimination and the recommendations contained in its report to the Economic and Social Council

Underlining that ratification of an accession to the International Convention on the Suppression and Punishment of the Crime of Apartheid on a universal basis and the implementation of its provisions without any delay are necessary for its effectiveness and would be a useful contribution towards achieving the goals of the Decade for Action to Combat Racism and Racial Discrimination,

1. Takes note of the report of the Secretary-General on the status of the International Convention on the Suppression and Punishment of the Crime of Apartheid;

2. Commends those States parties to the Convention that have submitted their reports under article VII thereof, in particular those that have presented their second reports, and appeals to those States parties that have not yet done so to submit their reports as soon as possible;

3. Appeals once again to those States that have not yet done so to ratify or to accede to the Convention without further delay;

4. Appreciates the constructive role played by the Group of Three of the Commission on Human Rights, established in accordance with article IX of the International Convention on the Suppression and Punishment of the Crime of Apartheid, in analysing the periodic reports of States and in publicizing the experience gained in the international struggle against the crime of apartheid;

5. Requests States parties to the Convention to take fully into account the guidelines prepared by the Group of Three;

6. Calls upon all States parties to the Convention to implement fully article IV thereof by adopting legislative, judicial and administrative measures to prosecute, bring to trial and punish, in accordance with their jurisdiction, persons responsible for, or accused of, the acts enumerated in article II of the Convention;

7. Again calls upon all States parties to the Convention and the competent United Nations organs to consider the conclusions and recommendations of the Group of Three contained in its reports and to submit their views and comments to the Secretary-General;

8. Requests the Commission on Human Rights to continue to undertake the functions set out in article X of the Convention and invites the Commission to intensify, in co-operation with the Special Committee against Apartheid, its efforts to compile periodically the progressive list of individuals, organizations, institutions and representatives of States deemed responsible for crimes enumerated in article II of the Convention, as well as of those against whom or which legal proceedings have been undertaken;

9. Requests the Commission on Human Rights to take into account General Assembly resolutions 33/23 of 29 November 1978 and 35/32 of 14 November 1980, as well as relevant documents of the Commission and its subsidiary organs reaffirming, inter alia, that States giving assistance to the racist regime of South Africa become accomplices in the inhuman practices of racial discrimination and apartheid;

10. Calls upon all States parties to the Convention and competent United Nations organs to continue to provide the Commission on Human Rights, through the Secretary-General, with information relevant to the periodic compilation of the above-mentioned list, as well as with information concerning the obstacles that prevent the effective suppression and punishment of the crime of apartheid;

11. Requests the Secretary-General to distribute the above-mentioned list among all States parties to the Convention and all Member States and to bring such facts to the attention of the public by all means of mass communication;

12. Invites the Special Committee against Apartheid and the Centre against Apartheid of the Secretariat to publicize the above-mentioned list and related particulars as widely as possible;

13. Appeals to all States, United Nations organs, specialized agencies and international and national non-governmental organizations to step up their activities in enhancing public awareness through denouncing the crimes committed by the racist regime of South Africa;

14. Requests the Secretary-General to intensify his efforts, through appropriate channels, to disseminate information on the Convention and its implementation with a view further to promoting ratification of or accession to the Convention;

15. Calls upon all States to participate actively in the Second World Conference to Combat Racism and Racial Discrimination, to be held in 1983, and to contribute to achieving effective results at that Conference;

16. Requests the Secretary-General to include in his next annual report under General Assembly resolution 3380 (XXX) of 10 November 1975 a special section concerning the implementation of the International Convention on the Suppression and Punishment of the Crime of Apartheid.